407 Penalties and Sanctions

(A) Civil Penalties. Any person who engages in conduct prohibited by any provision of this title or wildlife regulations, and who, in the exercise of due care, should know that the activity engaged in, or that the fish, wildlife or plants were taken, possessed, transported, bought or sold in, an unlawful manner, may be assessed a civil penalty by the appropriate court authority of not more than one thousand dollars ($1,000.00) for each violation. Each violation shall be deemed a separate offense.

(B) Criminal Penalties. In addition to civil penalties, any person who knowingly violates any provision of this title or wildlife regulations shall have committed a misdemeanor, as defined by Upper Mattaponi law, and may be assessed a fine by the appropriate court authority in accordance with Upper Mattaponi criminal law. Each violation shall be deemed a separate offense.

(C) Notice and Hearing. No civil or criminal penalty may be assessed under this subsection unless the person accused of the violation is given notice and opportunity for a hearing with respect to the violation.

(D) Jurisdiction. Civil jurisdiction over all matters under this title shall lie in the Upper Mattaponi Tribe Trial Court, which shall adjudicate all questions, complaints and alleged violations involving the provisions of this title and wildlife regulations. Criminal jurisdiction over all matters under this title shall lie in the Upper Mattaponi Tribe Trial Court or an appropriate federal court, which shall adjudicate all questions, complaints and alleged violations involving the provisions of this title and wildlife regulations.

(E) Revocation or Suspension. For any violation, the Court may impose a revocation or suspension of hunting, fishing, gathering or recreational privileges for a period of time within the discretion of the court.

(F) Remedial Forfeiture. The court shall impose a civil remedial forfeiture of all fish, wildlife, and plants taken in violation of this title or wildlife regulations and shall endeavor to avoid waste by donating the same to needy or worthy individuals or organizations. The Court may impose a civil remedial forfeiture of any personal property, excluding vehicles, used in the commission of any violation of this title or wildlife regulations. Upon conviction of any person for a violation of this title when such person has been convicted of a previous violation of this law within a period of two (2) years, the Court may enhance any civil remedial forfeiture or other penalty as the Court deems appropriate.